Masters v The Board of Trustees of the First Church of Christ Scientist (Wanganui)

[2015] NZHC 1858

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

CIV-2015-483-12 [2015] NZHC 1858

UNDER THE	Charitable Trusts Act 1957
IN THE MATTER OF	a Charitable Trust created by the Will of the late SALOME MASTERS
AND
IN THE MATTER OF	AN APPLICATION BY THE BOARD OF TRUSTEES OF THE FIRST CHURCH OF CHRIST SCIENTIST (WANGANUI), A CHARITABLE TRUST INCORPORATED PURSUANT TO THE CHARITABLE TRUST ACT 1957

CIV-2015-483-16

UNDER THE  Charitable Trusts Act 1957

IN THE MATTER OF       a Charitable Trust created by the Will of the late ALICE JOSEPHINE BEST

AND

IN THE MATTER OF       AN APPLICATION BY THE BOARD OF TRUSTEES OF THE FIRST CHURCH OF CHRIST SCIENTIST (WANGANUI), A CHARITABLE TRUST INCORPORATED PURSUANT TO THE CHARITABLE TRUST ACT 1957

Hearing(AVL):	6 August 2015
Counsel:	S E Little for Applicants
Judgment:	6 August 2015

JUDGMENT OF WILLIAMS J

In Re Masters and Best v The Board of Trustees of the First Church of Christ Scientist (Wanganui) [2015] NZHC

1858 [6 August 2015]

[1]      The estates of Salome Masters and Alice Josephine Best apply under Part III of the Charitable Trusts Act 1957 for approval of a scheme in respect of trusts created by the respective wills of the deceased.

[2]      In both cases the original trust was established to create a home for the relief of  the  sick,  old  or  needy  adherents  of  the  First  Church  of  Christ  Scientist (Wanganui).    The  bequests  are  currently  valued  at  approximately  $57,000  and

$132,000 respectively.   When the funds were received 50 to 60 years ago by the Church’s board as trustees, they were banked and have earned interest.  The Church has come to the view that, with a small and diminishing congregation (13 members all over 50, 11 regularly attending church at the current time), and funds insufficient to give effect to the original terms of the trust, an application should be made under the Act for a new scheme.

[3]      The proposal is that a new substituted purpose be approved by this Court under s 32. The new purpose is:

Maintenance and repairs to the church building and any other charitable purpose relating to the First Church of Christ Scientist (Wanganui) as the board may select from time to time.

[4]      The relevant background is set out in the affidavit of the church’s president,

Ms Broadhead.  The application was advertised in the New Zealand Gazette on 25

June 2015 and notice given three times in the Whanganui Chronicle on 24 June, 8

July and 22 July 2015.

[5]      The Deputy Solicitor-General  acting under delegation  from  the Solicitor- General prepared reports dated 22 January 2015 assessing both applications.   The Deputy Solicitor-General advises this Court that the applications are compliant with the requirements  of the Act,  and  that  it  is  appropriate that  the new  scheme be approved under Part III accordingly.

[6]      Having  considered  the  submissions  of  counsel,  the  report  of  the  Deputy Solicitor-General, the affidavits of Helen Isla Broadhead as to the application and advertising of it, I am satisfied that appropriate orders should be made as sought.

[7]      Costs of the applications including those of the Attorney-General should be

met from the trust funds in appropriate proportion.

Williams J

Solicitors:

Horsley Christie, Solicitors, Whanganui